Western cyclone. [volume] (Nicodemus, Kan.) 1886-1887, 1887-04-07
1.-THE sCHwARTZ-wATr TRIAL.
Evidence Against the Alleged Murderers
of Kellogg Nichols.

of Kellogg Nichols.
MORRIS, III, March 30-There was un-
abated interest in the Schwartz-Watt trial
yesterday. The first witness called was E. S.
Rumsey, Rock Island baggageman, whose
run Watt took on the night of the express
robbery and the murder of kellogg Nichols.
Considerable discussion aorSe at the outset as
to whether or not his evidence was material,
but the court overruled the objection made
by the defense, and Runlsay was allowed to
proceed. He stated that he had been q bag
gageman on the Chicago, Rock Island & Pa
citic railway five years. He did not go out on
bis regular run on the night OF the robbery
on account of sickness, and sent a note
and his car keys to the depotmaster at Chi
cago, notifying him Of the fact He saw the
baggage car in which Watt rode at Chicago
the day after the robbery. The fourth and
fifth panes were broken out of tie transom
windows on the south side near the east end
as the car stood going west He knew Nichols
well. He was the only messenger on the hne
who rode alone in the front car. The others
always ride in the car with the baggageman.
1t was Nichols custom, as soon as
the train left Chicago, to take bis
chair through from the rear to the
AOI NtIu CeIs where ne TOue as lar as La
Sale. He had talked with both the defend
ants about the murder since it occurred.
Watt had said to witness on one occasion:
lit was lucky you We're not there that night
or you would have been killed" Witness
then told OF the numerous experiments that
had been made by shooting in the same cars,
subsequent to the robbery and when one OF
the defendants was present. On one occa-
sion he averred, he was half asleep in the
rear car, and heard two shots fired in the
front car, the doors OF his car at
that time being closed. The lawyers
for the defense made vigorous objection to
what they called expert testimony,
and considerable time was consumed
in arguing the point. The Judge decided
that testimony of an expert character should
be produced later on, after proper founda-
ton had been laid Resumng, witness
stated that Mrs Charles McGoor OF Chicago,
kLe of his indisposition the day before the
night of the murder. Mr.. Case, in behalf of
Schwartz, moved to have all of Rumsey's tes-
timOny stricken out except as to the expert.
ments in the cars. The motion was over
ruled.
j. A. Newcomer, who carried the note
from Rumsey to Depotmaster Wheeler
which stated that the former was unable to
take his rrn testified briefly D. Metzrer
depot porter at Chicago, testified that he re-
ceived the note. Capt. c. II. Wheeler, de-
potmaster at Chicago, stated that the note
was addressed to him, and in the envelope
was Rumsey's key to his box He selected
Schwartz as the extra brakeman on Conduc-
tor Wagner's train. n. W. Freeman, con-
ductOr of a suburban train, testified that he
was baggageman Of the train that preceded
No. 5, the train on which the robbery and
murder was committed. He sorted the rail-
way mail for both trains, and Instructed
Watt how t. enter registered waybills. None
of these witnesses were cross-examined to
any extent, though the defense continually
objected to their testimony, claiming it to be
irrevelant.
Frederick L. Wagner. one of the most in
portant witnesses for the State, was called
just before the noon hour The substance of
his testimony so far does not materially differ
from what has been given before at the COR
oner's inquest and the two preliminary hear
ings He said he arranged his men on the
night in question, putting Watt i'm the baggage
car, Schwartz as head and Johnson as rear
brakemen. Engineer Wood pulled the train
and n. Briggs was fireman. After leaving
the coal shutes Schwartz told him no one
got on there. Witness said that on leaving
Joliet Schwartz asked him if he had any one
from MinoOka, though the train was known
not to stop there. Schwartz asked the ques-
ton twice, and witness testified that the
defendant had run on the road long enough
TO know where stOns were made Witness
was sitting in the smoking car with Schwartz
when the train reached Morris.